CLASS ACTION SETTLEMENT NOTICE IF YOU WERE AN RCN INTERNET CUSTOMER WHO WAS CHARGED A LATE FEE YOU MAY BE ELIGIBLE TO RECEIVE A CASH REFUND OR ...
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
CLASS ACTION SETTLEMENT NOTICE
IF YOU WERE AN RCN INTERNET CUSTOMER WHO WAS CHARGED A LATE
FEE YOU MAY BE ELIGIBLE TO RECEIVE A CASH REFUND OR BILL
CREDIT.
You must file a claim form to receive a cash refund or bill credit.
For more information, visit www.RCNLateFeeSettlement.com
A court authorized this notice.
Your legal rights are affected whether you act or don’t act.
Read this notice carefully.
This notice informs you of a proposed settlement (“Settlement”) of a class action claim against RCN Telecom
Services, LLC; RCN Telecom Services (Lehigh), LLC; RCN Telecom Services of New York, L.P.; RCN
Telecom Services of Philadelphia, LLC; RCN Telecom Services of Illinois, LLC; RCN Telecom Services of
Massachusetts, LLC; Starpower Communications, LLC (collectively, “RCN Telecom”); and Patriot Media
Consulting, LLC (collectively, with RCN Telecom, “Defendants”). Defendants have agreed, under the terms
of the Settlement, to provide you with an opportunity to submit a valid and timely Claim Form through which
you may be eligible to receive a cash refund of late fees for broadband Internet service paid by you to RCN
Telecom, or (if you’re a current customer) a bill credit at your option, as further discussed below.
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
Submit a Claim Form If you are an eligible Settlement Class Member who received broadband
Internet service from any RCN Telecom operating company and were charged
and paid a late fee for that service between August 12, 2014 and April 25,
2022 (the “Class Period”), you are entitled to submit a Claim for a bill credit
(if you’re a current customer) or a check or electronic payment.
If you received a notice about this settlement by email or mail, you are part of
the settlement according to RCN Telecom’s records, and you are eligible for
a cash payment or a bill credit (if you are a current RCN broadband Internet
subscriber) from the Settlement.
To receive payment, you need to complete and submit a Claim Form in a
timely manner. The Claim Form is necessary to ensure that only eligible
Settlement Class Members receive a benefit. A Claim Form is available on
the Settlement Website at www.RCNLateFeeSettlement.com, or by writing
the Settlement Administrator at Reid v RCN Telecom, c/o Kroll Settlement
Administration, PO Box 225391, New York, NY 10150-5391.
Questions? Visit www.RCNLateFeeSettlement.com
-1-Do Nothing By doing nothing, you forfeit the opportunity to receive any compensation and
you give up any rights to sue Defendants, and certain parties related to them,
about the claims that have been or could have been asserted based on the facts
alleged in this lawsuit.
Ask to be Excluded By asking to be excluded, you will not share in this Settlement. This is the
only option that allows you to keep any rights to sue Defendants about the
same legal claims in this lawsuit.
Object You may write to the Court about why you do not like the Settlement.
Go To A Hearing You may ask to speak in Court about the fairness of the Settlement.
Your rights and options – and the deadlines to exercise them – are explained in detail below.
The Court in charge of this case still has to decide whether to give final approval to the Settlement. Payments
and bill credits will be made only if the Court approves the Settlement and after all appeals (if any) are
resolved. Please be patient.
Questions? Visit www.RCNLateFeeSettlement.com
-2–WHAT THIS NOTICE CONTAINS
BASIC INFORMATION………………………………………………………………...... PAGE 4
1. Why did I receive notice of this lawsuit?
2. What is this lawsuit about?
3. Why is this lawsuit a class action and who is involved?
4. Why is there a settlement?
WHO IS COVERED BY THE SETTLEMENT………………………………………….PAGE 5
5. Am I a Settlement Class Member?
THE SETTLEMENT BENEFITS - WHAT YOU GET………………………………. PAGE 5-6
6. What does the Settlement provide?
7. What can I get from the Settlement?
HOW YOU GET COVERAGE - SUBMITTING A CLAIM………………………… PAGE 6
8. How can I make a claim?
9. When would I get my payment?
10. What am I giving up to get a payment or stay in the Settlement Class?
EXCLUDING YOURSELF FROM THE SETTLEMENT………………………………PAGE 7
11. How do I get out of the Settlement?
12. If I do not exclude myself, can I sue Defendants for the same thing later?
THE LAWYERS REPRESENTING YOU……………………………………………,, PAGE 7-8
13. Do I have a lawyer in the case?
14. How will the lawyers be paid?
OBJECTING TO THE SETTLEMENT ……………………………………………... PAGE 8-9
15. How do I tell the Court that I do not like the Settlement?
16. What is the difference between objecting and excluding?
THE COURT’S FINAL APPROVAL HEARING……………………………………… PAGE 9
17. When and where will the Court decide whether to approve the Settlement?
18. Do I have to come to the hearing?
19. May I speak at the hearing?
IF YOU DO NOTHING………………………………………………………………….. PAGE 10
20. What happens if I do nothing at all?
GETTING MORE INFORMATION…………………………………………………… PAGE 10
21. Are there more details available?
Questions? Visit www.RCNLateFeeSettlement.com
-3–BASIC INFORMATION
1. Why did I receive notice of this lawsuit?
If you received a notice about this settlement by email or mail, RCN Telecom’s records indicate you are
eligible for a cash payment or (if you’re a current customer) a bill credit at your option, from the Settlement
because you were a subscriber to RCN broadband Internet service who was charged and paid a late fee for
that service.
You received an email or postcard notice because you have a right to know about the proposed Settlement of
this class action lawsuit, and about your options, before the Court decides whether to approve the Settlement.
If the Court approves it and after any objections and appeals are resolved, an administrator appointed by the
Court will make the payments that the Settlement allows.
This package (this “Long Form Notice”) explains the lawsuit, the Settlement, your legal rights, what benefits
are available, who is eligible for them, and how to get them.
The Court in charge of the case is the Superior Court of New Jersey, Mercer County, and the case is pending
in front of the Honorable Douglas H. Hurd, P.J.Cv. The lawsuit is known as Christian Reid v. RCN Telecom
Services, LLC, et al., Docket No. MER-L-315-22. The person who sued is called the Plaintiff, and the parties
sued are called the Defendants.
2. What is this lawsuit about?
This is a proposed class action on behalf of RCN Telecom broadband Internet customers in the United States
who were charged and paid a late fee for that service between August 12, 2014 and April 25, 2022 (the “Class
Period”). Specifically, Plaintiff alleges that Defendants charged RCN broadband Internet customers a late fee
for that service in a manner inconsistent with RCN Telecom’s own terms and conditions, and in doing so
violated New Jersey law, including the New Jersey Consumer Fraud Act, N.J.S.A. § 56:8-1, et seq.; the New
Jersey Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. § 56:12-14, et seq.; and the New
Jersey Uniform Declaratory Judgment Act, N.J.S.A. § 2A:16-51, et seq.; and additionally breached the express
contract between certain Defendants and their customers. Defendants deny the allegations.
3. Why is this lawsuit a class action and who is involved?
In a class action lawsuit, one or more people called the “Class Representative” or “Lead Plaintiff” sue on
behalf of other people who have similar claims. The people together are a “Class” or “Class Members,” and
in this case are the “Settlement Class.” The individuals or companies they sued—in this case the companies
listed above—are called the Defendants. One Court resolves the issues for everyone in the Settlement Class,
except for those people who choose to exclude themselves from the Settlement Class. Judge Douglas H. Hurd
is in charge of this case and has certified the lawsuit as a class action for settlement purposes only.
4. Why is there a settlement?
The Court did not issue a final ruling in favor of Plaintiff or Defendants. Instead, the Class Representative
and Defendants agreed to enter into the Settlement after an extensive exchange of information and vigorous
arms-length negotiations. That way, they avoid litigation costs and burdens, and the people affected by
Defendants’ alleged actions will get compensation as soon as possible. The Class Representative, and the
attorneys for the Class Representative and the Settlement Class Members (“Class Counsel”), think the
Settlement is best for the Settlement Class Members.
Questions? Visit www.RCNLateFeeSettlement.com
-4–WHO IS COVERED BY THE SETTLEMENT?
5. Am I a Settlement Class Member?
The “Settlement Class” in this case is defined as:
All current and former customers in the United States who received internet services from the
RCN Entities and who were charged and paid a late fee between August 12, 2014 and April 25,
2022.
Your receipt of an email or postcard notice indicates that you have been identified as a potential Settlement
Class Member because, according to RCN Telecom’s records, you received broadband Internet services from
an RCN operating company and were charged and paid a late fee for that service between August 12, 2014
and April 25, 2022.
If you are not sure whether you are included in the Settlement Class, you may visit
www.RCNLateFeeSettlement.com, for more information.
THE SETTLEMENT BENEFITS - WHAT YOU GET
6. What does the Settlement provide?
The complete terms of the proposed settlement are set forth in the Settlement Agreement, which is available
at www.RCNLateFeeSettlement.com. This notice provides only a summary of the terms of the settlement.
The capitalized terms as used in this notice have the same meaning as the terms set forth in the Settlement
Agreement.
The Settlement provides that Defendants will establish a Settlement Fund valued in the amount of up to
$6,650,000. Class Members who were charged and paid late fees for broadband Internet service by an RCN
Telecom operating company and who file valid claims will receive their choice of a bill credit (if you’re a
current customer) or a check or electronic payment at your option. Refund amounts will depend on three
things: (1) whether you choose to receive a bill credit versus a check or electronic payment; (2) when you
were a subscriber; and (3) the number of other claimants.
In addition, the Settlement provides that Defendants will revise the RCN Terms and Conditions and High
Speed Internet Service Addendum so as to delete language regarding any delinquency notice or grace period
associated with the payment of late fees for Internet service in order to better describe or conform to RCN
Telecom’s current billing late fee practice.
If approved by the Court, the Settlement will result in dismissal of this case and final resolution of all claims
raised against Defendants. Such dismissal will release Defendants from liability for the claims in this lawsuit.
7. What can I get from the Settlement?
The Settlement provides that Defendants will establish a Settlement Fund valued in the amount of up to
$6,650,000. Class Members who file valid claims will receive their choice of a bill credit (if you’re a current
customer) or a check or electronic payment.
Refund amounts will depend on three things: (1) whether you choose to receive a bill credit (if you’re a current
customer) versus a check or electronic payment; (2) when you were a subscriber; and (3) the number of other
claimants. Class Members who are current customers and who choose to receive a bill credit will receive
100% of the allocated loss (as further described below) of his or her late fees paid for Internet service during
the Class Period. Class Members who are current customer and who choose to receive a check or electronic
payment and Class Members who are former customers will receive 50% of the allocated loss (as further
described below) of late fees paid for Internet service during the Class Period.
Questions? Visit www.RCNLateFeeSettlement.com
-5–The allocated loss is calculated as follows: Each current or former Class Member who signed up for service
after February 17, 2019 has an allocated loss of 80% of his or her late fees paid for Internet service. Each
current or former Class Member who signed up for service before February 17, 2019 and who was a customer
anytime on or after that date has an allocated loss of 40% of his or her late fees paid for Internet service. Each
former Class Member who signed up for service before February 17, 2019 and who was not a customer
anytime on or after that date has an allocated loss of 20% of his or her late fees paid for Internet service.
In the event that the Settlement Fund, net of the cost of settlement administration, attorneys’ fees and costs,
and incentive award to the class representative, is not sufficient to enable the above cash payments, the per-
claim payment will be decreased on a pro-rata basis.
HOW YOU RECEIVE PAYMENT - SUBMITTING A CLAIM
8. How can I make a claim?
If you are an eligible Settlement Class Member and you wish to receive a one-time refund, you need to
complete and submit a Claim Form in a timely manner. The Claim Form is available on the Settlement
Website at www.RCNLateFeeSettlement.com, by writing the Settlement Administrator at Reid v. RCN
Telecom, c/o Kroll Settlement Administration, PO Box 225391, New York, NY 10150-5391.
The fully completed Claim Form must be submitted online, or via U.S. Mail to the Settlement Administrator
at Reid v. RCN Telecom, c/o Kroll Settlement Administration, PO Box 225391, New York, NY 10150-5391.
The deadline for submission of the Claim Form online or by mail is August 23, 2022. Accordingly, mailed
Claim Forms must be postmarked or delivered no later than August 23, 2022, and accurately addressed to the
Settlement Administrator. If you do not participate in the claims process by August 23, 2022, you will not
receive any settlement benefits. You may attend the Court hearing described below if you wish, but your
attendance or non-attendance will not affect your eligibility to submit the Claim Form or receive a cash
payment or bill credit. You do not need to appear in Court, and you do not need to hire an attorney in this
case.
9. When would I get my payment or bill credit?
The Court will hold a hearing on July 29, 2022, at 9:00 a.m. ET, to decide whether to approve the Settlement.
If Judge Douglas H. Hurd approves the Settlement, and after that, no appeal is taken, then you will be receiving
your payment promptly. If an appeal is taken, then resolving it may take some time, perhaps up to, or more
than, a year. Please be patient.
If you change your e-mail or postal address before settlement benefits are issued, you should update your
information online at www.RCNLateFeeSettlement.com or by sending a letter to the Settlement Administrator
to ensure that you receive your bill credit or cash payment. Remember, bill credits and cash payments will
be sent to the e-mail or postal addresses that the Settlement Administrator has on file, so it is important that
you update these addresses if they change before the settlement benefits are distributed.
10. What am I giving up to get a refund or stay in the Settlement Class?
If you are in the Settlement Class definition and do not exclude yourself from the Settlement Class, and the
settlement is approved and becomes final, the settlement will be legally binding on you and you will be bound
by all judgments entered in the case. In exchange for the settlement benefits, you will release all claims
against Defendants about the late fee issues in this lawsuit. The Settlement Agreement, available at
www.RCNLateFeeSettlement.com, describes the claims you are releasing (giving up) by staying in the
Settlement Class (called “Released Claims”).
Questions? Visit www.RCNLateFeeSettlement.com
-6–EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want a payment or bill credit from the Settlement, but you want to keep the right to sue or
continue to sue Defendants, on your own, about the legal issues in this case, then you must take steps to get
out. This is called excluding yourself or “opting out” of the Settlement Class.
11. How do I get out of the Settlement?
To exclude yourself from the Settlement, you must send a letter by mail to the Settlement Administrator. Your
request must include the following:
a. Your full name, mailing address, telephone number, and email address;A statement that you want to
be excluded from the RCN Late Fee Settlement; and
b. Your signature.
You must mail your exclusion request, postmarked by July 11, 2022, to: Reid v RCN Telecom, c/o Kroll
Settlement Administration, PO Box 225391, New York, NY 10150-5391
12. If I do not exclude myself, can I sue Defendants for the same thing later?
No. Unless you exclude yourself, you give up the right to sue Defendants for the late fee claims that the
Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You
must exclude yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion
deadline is July 11, 2022. Any exclusion request postmarked after that date will not be valid, and the sender
will be a Settlement Class Member and bound by the Settlement, the Settlement Agreement, the Release, and
any and all Court orders entered in this Action.
THE LAWYERS REPRESENTING YOU
13. Do I have a lawyer in this case?
The Court decided that the law firms of DeNittis Osefchen Prince, P.C. of Marlton, New Jersey and Hattis
Law PLLC d/b/a Hattis & Lukacs, of Bellevue, Washington are qualified to represent you and all Settlement
Class Members. These law firms are called “Class Counsel.” Both firms are experienced in handling similar
cases. More information can be obtained about these law firms, their practices, and their lawyers’ experience
by contacting the following Class Counsel:
Stephen P. DeNittis, Esq.
Joseph A. Osefchen, Esq.
Shane T. Prince, Esq.
DENITTIS OSEFCHEN PRINCE, P.C.
5 Greentree Centre, Suite 410, Marlton, NJ 08053
(856) 797-9951
Email: sdenittis@denittislaw.com
Website: www.denittislaw.com
Daniel M. Hattis, Esquire
Paul Karl Lukacs, Esquire
HATTIS & LUKACS
400 108th Ave NE, Suite 500
Bellevue, WA 98004
(425) 233-8650
Email: dan@hattislaw.com
Website: www.hattislaw.com
Questions? Visit www.RCNLateFeeSettlement.com
-7–14. How will the lawyers be paid?
Class Counsel have pursued this lawsuit on a contingency basis and have paid all costs of the lawsuit. These
attorneys have not yet been paid or recovered any of their costs associated with the lawsuit. As part of the
Settlement, Class Counsel will request a payment of 33.33% ($2,216,445.00) of the Settlement Fund for their
reasonable attorneys’ fees plus reimbursement of out-of-pocket litigation and costs of $5,310. Class
Counsel’s petition for fees and costs will be filed with the Court no later than July 11, 2022, and may be
reviewed by any interested party. The Court will make a determination of reasonable attorneys’ fees and costs
at the Final Approval Hearing based on Class Counsel’s Application and responses thereto, if any. Defendants
are paying the costs of this and other notice to the Settlement Class; they are also paying to administer this
settlement. These notice and administrative amounts will come out of the settlement fund for benefits to
Settlement Class Members. Finally, no Settlement Class Member will pay anything.
OBJECTING TO THE SETTLEMENT
You can tell the Court that you do not like or agree with the Settlement or some part of it.
15. How do I tell the Court that I do not like the Settlement?
If you are a Settlement Class Member, and have not excluded yourself from the Settlement Class, you can
object to the settlement, Settlement Class Counsel’s request for attorneys’ fees and costs, and/or the request
for an incentive award for the Plaintiff who brought this lawsuit. To object, you must file with the Court and
send to the Settlement Administrator, Class Counsel, and Defendants’ Counsel a written objection which
includes the following:
a. The name of this lawsuit: “Christian Reid v. RCN Telecom Services, LLC et al.”;
b. Your full name, mailing address, telephone number, and email address;
c. State whether you are represented by counsel, and if so the identity of such counsel;
d. Provide proof of membership in the Settlement Class;
e. Contain a detailed statement of each objection asserted, including the grounds for objection and
reasons for appearing and being heard, together with any evidence and documents in support of the objection;
and
f. Your signature or the signature of an individual authorized to act on your behalf.
To be considered by the Court, your objection must be filed with the Clerk of the Court by July 11, 2022, and
also must be mailed to the Settlement Administrator postmarked no later than July 11, 2022, with copies to
Class Counsel and Defendants’ Counsel at the following addresses:
THE COURT SETTLEMENT ADMINISTRATOR
Clerk of the Court Kroll Settlement Administration
Superior Court of New Jersey, Mercer County PO Box 225391, New York, NY 10150-5391
175 South Broad Street
Trenton, New Jersey 08608
CLASS COUNSEL DEFENDANTS’ COUNSEL
Stephen P. DeNittis, Esquire David E. Sellinger, Esquire
DeNittis Osefchen Prince, P.C. Greenberg Traurig, LLP
5 Greentree Centre 500 Campus Drive, Suite 400
525 Route 73 North, Suite 410 Florham Park, NJ 07932
Marlton, New Jersey 08053 Phone: 973-360-7900
856-797-9951 (phone) Fax: 973-301-8410
856-797-9978 (fax)
sdenittis@denittislaw.com
Questions? Visit www.RCNLateFeeSettlement.com
-8–Class Members may object either on their own or through an attorney hired at their own expense. If an
objecting Class Member hires an attorney to represent him or her, that attorney must file with the Court and
serve upon Class Counsel and Defendants’ Counsel, a notice of appearance no later than 20 days before the
Final Approval Hearing.
Note that you can ask the Court to deny approval of the settlement by filing an objection, but you can’t ask
the Court to order a different settlement; the Court can only approve or reject the settlement that is now before
it. If the Court denies approval, no settlement payments or bill credits will be sent out and the lawsuit will
continue. If that is what you want to happen, you must object. You have the right to consult with your own
attorney, at your own expense, before deciding how best to proceed.
16. What is the difference between objecting and excluding?
Objecting is simply telling the Court that you do not like something about the Settlement. You can object
only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be
part of the Settlement Class or the Settlement. If you exclude yourself, you have no basis to object because
the case no longer affects you.
THE COURT’S FINAL APPROVAL HEARING
17. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on July 29, 2022, at 9:00 a.m. ET, via Zoom. At this hearing,
the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the
Court will consider them. Judge Douglas H. Hurd will listen to people who have asked to speak at the hearing
within the time to do so set by the Court. At or after the hearing, the Court will also decide whether to approve
the Settlement and how much to pay Class Counsel. We do not know how long these decisions will take.
18. Do I have to come to the hearing?
No. Class Counsel will answer any questions Judge Douglas H. Hurd may have. But, you are welcome to
come at your own expense. If you send an objection, you may come in person to the Court for the Final
Approval Hearing, retain your own attorney to appear for you at the Final Approval Hearing, or not come at
all, and the Court will consider your objection.
19. May I speak at the hearing?
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a
letter saying that it is your “Notice of Intention to Appear in Christian Reid v. RCN Telecom Services, LLC,
et al., Docket No. MER-L-315-22.” Be sure to include your name, address, telephone number, and your
signature. Your Notice of Intention to Appear must be postmarked no later than July 11, 2022 and be sent to:
(1) the Court at the Superior Court of New Jersey, Mercer County, 175 South Broad Street, Trenton, New
Jersey 08608, and to (2) Kroll Settlement Administration, PO Box 225391, New York, NY 10150-5391; (3)
Stephen P. DeNittis, Esq., DENITTIS OSEFCHEN PRINCE, P.C., 5 Greentree Centre, Suite 410, Marlton, NJ
08053; (4) Daniel M. Hattis, Esq., HATTIS & LUKACS, 400 108th Ave NE, Suite 500, Bellevue, WA 98004;
and (5) David E. Sellinger, Esq., GREENBERG TRAURIG, LLP, 500 Campus Drive, Suite 400, Florham
Park, NJ 07932.
You cannot speak at the hearing if you excluded yourself from the Settlement Class.
Questions? Visit www.RCNLateFeeSettlement.com
-9–IF YOU DO NOTHING
20. What happens if I do nothing at all?
If you do nothing – including not completing a claim form – you will be a member of the Settlement Class
and will forfeit the opportunity to receive any monetary compensation or bill credit. You will also give up any
rights to sue Defendants separately about the claims that have been or could have been asserted in this lawsuit.
GETTING MORE INFORMATION
21. Are there more details available?
The Pleadings, the Settlement Agreement, and other papers filed in this lawsuit are available for your
inspection in the Superior Court of New Jersey, Mercer County, 175 South Broad Street, Trenton, New Jersey
08608.
Additional information may be obtained on the Settlement Website at www.RCNLateFeeSettlement.com.
You may also contact the Settlement Administrator in writing at Reid v. RCN Telecom, c/o Kroll Settlement
Administration, PO Box 225391, New York, NY 10150-5391. Additionally, you may contact Class Counsel,
whose contact information is listed above, or visit Class Counsel’s website at www.denittislaw.com.
PLEASE DO NOT TELEPHONE THE COURT OR THE CLERK OF THE COURT.
Questions? Visit www.RCNLateFeeSettlement.com
- 10 –You can also read
